Ep execution
Guest
(Querist) 11 April 2014
This query is : Resolved
Please Advise Me is there any possiblity of Reducing or Avoiding Registration Stamp duty at Registrar office which is same as Sale Deed Stamp Duty In a Money Suit Where the Court Registrar is going to Execute the Sale Deed in Favor of my Client Who had lent the money .
ROHIT SHARMA
(Expert) 11 April 2014
1. If the money suit is for recovery of money and the respondent is prepared to execute a sale deed of his property in lieu before the court and if such decree of sale deed lodged with the court needs to be executed before the sub-registrar then despite the court fees paid for intimation of such money suit the regular revenue stamp duty would be required to be paid by the purchaser but the considerations mentioned in such sale deed be not paid by the purchaser to the seller.
2. However, the stamp duty payable by the purchaser need not be paid by him if the decree of the court directs the legal debtor to pay for such stamp duty.
P.S. Further consultation would be required to be paid for.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 0 9 8 2 4 0 4 7 9 7 1.
E-Mail : lawgate1349@gmail.com.
Guest
(Querist) 11 April 2014
Thanks and Certainly I would be contacting you Sir.Just for additional information The Respondent Is Ex Parte and Court Registrar only going to Execute the Registration.
Dr J C Vashista
(Expert) 12 April 2014
Ms. Mehar Afshan Ibrahim,
Since your client's case is for recovery of money, I could not follow you properly when you have stated that "Where the Court Registrar is going to Execute the Sale Deed in Favor of my Client Who had lent the money".
What I could gather from the aforementioned information that there is some property mortgaged with your client, which shall be sold by the Court order and Sale deed shall be executed, is it correct?
Kindly clarify.
Guest
(Querist) 12 April 2014
Dear Sir, My Client had lent money getting the Property of the borrower Mortgaged with him.It was Simple mortgage (No Registered Mortgage) The Money Suit was filed for default in payment and the Orders were passed in Court in My Client's favor.In EP the Respondent the borrower is Ex Parte and Court Registrar is going to Execute the Sale Deed.To Safe Guard his interest my Client has to spend for the Registrations.My only Request is I would like to know is there any way to Reduce or Avoid Stamp Duty in Registrar Office which is 8% of Property Value.
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
You are asking about the non-judicial stamp value?, Since this is official, nothing can be done on it.
Dr J C Vashista
(Expert) 13 April 2014
Your client cannot escape stamp duty.
Guest
(Querist) 13 April 2014
Thanks For the Confirmation Shri.T.KS and Shri Dr.J.C.V
Guest
(Querist) 04 May 2014
Dear Experts,Regarding my above query one of my advocate brother had suggested that if it is specifially mentioned in the Court Order stating the stamp duty could be avoided or to Register with out Full Stamp Duty it could be done.Pleases let me have your valuable suggestion regarding the same.
ROHIT SHARMA
(Expert) 04 May 2014
1. I have again seen into the relevant facts.
2. Here I see that :
(a) There was a money suit.
(b) The respondent failed to appear before the court.
(c) The court decreed the recoverable debts in favor of the plaintiff.
(d) The decree was executed along with attachment orders of the respondent's immoveable property.
(e) The Registrar of the court was made the official liquidator of such property of the respondent
(f) The plaintiff under took to purchase such attached property himself from the official liquidator i.e. Registrar.
(g) Had the plaintiff declined to purchase such property in context and had some third party would have purchased such property from the Registrar then obviously the revenue stamp would have been required to paid by such third party and the proceeds of such sale deed would then accrued in the favor of the decree holder i.e. the plaintiff.
(h) But if the decree holder himself is prepared to purchase such property from the official liquidator i.e. Registrar then the plaintiff while executing such a sale deed would not be deemed as a decree holder but as a third party and obviously he too then would be required to provide for the cost of the revenue stamp duty.
2. The alternative is that the plaintiff should not purchase the property in context and let a third person offer to purchase and pay the stamp duty and the plaintiff ( the decree holder) then can l get the sale proceeds deposited with the Registrar and have his money recovered as by such means.
